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month period. Multiple service order entry line items may be entered as part of an individual customer service order or quote.
You should review the entire agreement, including any linked terms, because all of the terms are
is accessing the hosted service at any given time.
specifying a 1 Year Hosting Term may only be used for providing internet hosting services.
giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to
computer or device. During activation, the software will automatically contact Microsoft or its affiliate to
You may not:
For Australia only: Our goods come with guarantees that cannot be excluded under the
receive information. You may not always receive a separate notice when they connect. If you choose to
Retired NPF employee in receipt of an NPF pension;
installed copy of the software is improperly licensed. In addition, you will receive reminders to obtain a
licensed program on the processors where a licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed
provided.
you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle EMEA
licenses from Oracle.
to manually enter orders directly into the programs but any orders entered electronically into Order Management from other
and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts in Ireland in any dispute arising
A party
s confidential information shall not include information that: (a) is or becomes a part of the public domain through no
U.S. $1,000 (Seven hundred and seventy-two euros) increment of your gross annual revenue as reported to the SEC in your
To fully understand your license grant, you need to review the definition for the licensing metric and term designation as well
distributor. If you decide not to obtain a license for any program after the 30 day trial period, you will cease using and will
Oracle Purchasing) must be licensed separately.
reduced by applying the discount specified above. Notwithstanding anything to the contrary in the previous three sentences,
3. Online Features and Content. Features in the software can retrieve online content from Microsoft and
products included on an Applications NLS Supplement CD Pack have been translated. For existing supported customers,
human resource personnel that require access to the Oracle Self Service Human Resources program may not be licensed as
MERCHA NTA BILITY, FITNESS FOR A PARTICULAR PURPOSE, A ND NON-INFRINGEMENT. IF
counted as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application
IRE_OLSA_V120103_Def_V122304 Page 1 of 11
intellectual property rights, the Provider will indemnify the Recipient against the claim if the Recipient does the following:
extent that an infringement claim is based upon the combination of any Material with any products or services not provided by
provided.
Management application from any source (not manually entered by licensed Order Management Users, Professional Users
individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no
you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless
may make a single copy of the software for backup purposes, and use that backup copy as described
application. For Project Resource Management, a person is defined as an individual who is scheduled on a project. For
euros) in the total cost of inventory that a company has sold during their fiscal year. If Cost of Goods Sold is unknown to you
software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or
Orders: is defined as the total number of distinct orders for all programs that are a part of Electronic Orders, entered
participants in the web conference external to your company and attending a web conference are not required to be licensed.
the right to run one copy only on the computer with which you acquired the software (the licensed
activation is meant to identify unauthorized changes to the licensing or activation functions of the
System: shall be defined as each distinct production database. Test, development, failover and standby databases are not
Full time employee of Alternative Service Delivery contractors;
at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you
4. Other Countries. If you acquired the software in another country, contact the Microsoft affiliate
ANY FORUM WILL BE CONDUCTED SOLELY ON A N INDIVIDUAL BASIS. NEITHER YOU NOR
student enrolled in your institution counts as 25% of an FTE Student. The definition of "full-time" and "part-time" is based on
method for additional learning credits, and may not use different learning credits accounts to acquire a single product or
Electronic Order Line: is defined as the total number of distinct order lines entered electronically into the Oracle Order
disclose results of any program benchmark tests without Oracle
s prior written consent.
the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon termination, you shall cease using, and
Microsoft products. You agree that we may use and disclose the information as described in our Privacy
by different names such as reseller, distributor, agent, dealer or broker.
a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time.
Employee User: is defined as an individual authorized by you to use the application programs which are installed on a single
or virtualize features of the software separately, publish, copy (other than the permitted backup copy),
may renew your order for an additional one year term at the then current Online Library rate by contacting your local Oracle
licenses needed is to be based on the peak number of part-time and full-time people whose records are recorded in the system.
Statement at r.office.microsoft.com/r/rlidOOPrivacyState15HighLight?clid=1033. BY USING THESE
designation. This is printed either on your product key, or might be shown on your Certificate of
N. GEOGRA PHIC A ND EXPORT RESTRICTIONS
8. Severability. If the class action waiver in Section B.5 is found to be illegal or unenforceable as to all
activation. If you have not entered a product key during the time permitted for activation, most
not separate or virtualize the components and install them on different computers. The software may
CDLocateRng
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IRE_OLSA_V120103_Def_V122304 Page 9 of 11
internal data processing operations for purposes of: (a) implementing applications programs, (b) interfacing other software
any Microsoft materials that accompany the software. This limited warranty does not cover problems
programs. You agree that such export control laws govern your use of the programs (including technical data) and any
Professional User 2003
External: is defined as an individual, who is not your employee, contractor or outsourcer,
4. Language Packs and Proofing Tools. If you acquire a language pack, language interface pack or
User, Marketing User, Manufacturing User, Purchasing User, TeleSales User: is defined as an individual authorized by
the software (together with the license) to a computer owned by someone else if a) you are the first
contract to pay for the fees due under an order and you are in default under that contract, you may not use the programs and/or
r.office.microsoft.com/r/rlidOOPrivacyState15HighLight?clid=1033. Some Internet-based features may be
only in that region. You must also comply with all domestic and international export laws and regulations
and compensation for any other reasonably foreseeable loss or damage. You are also
about CEIP, see microsoft.com/products/ceip/EN-US/privacypolicy.mspx.
access to the Oracle iSupport program may not be licensed as Employee Users, but must be licensed as Professional Users.
sent online to Microsoft, such as information that identifies the template, but not any specific document
otherwise provided in the agreement.
programs and/or services from Oracle EMEA Limited (
Oracle
) or an authorized distributor. The term
programs
refers to
legal proceeding arising from or in connection with this agreement.
software license, for a refund or credit.
Employee Users, but must be licensed as Professional Users. Additionally, your technical support personnel that require
Term Designation
described in Microsoft
s Privacy Statement at
of images in ways that could imply an endorsement or association with your product, entity or activity; or
WARRA NTY PROCEDURES
cooperating with the audit.
Workshops
may access the current version of the technical support policies at http://oracle.com/contracts.
licensed use and one copy of each program media.
If the Provider believes or it is determined that any of the Material may have violated someone else
s intellectual property rights, the
you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless
programs and/or any services, you will follow Oracle
s policies regarding financing which are at http://oracle.com/contracts.
Named User Plus: is defined as an individual authorized by you to use the programs which are installed on a single server or
Education Sales Office. If you choose not to renew the membership, all rights to use the Online Library shall cease.
or other services which you have ordered.
You may not assign this agreement or give or transfer the programs and/or any services or an interest in them to another
human resource personnel that require access to the Oracle Self Service Human Resources program may not be licensed as
then Cost of Goods Sold shall be equal to 75% of total company revenue.
may make a single copy of the software for backup purposes, and use that backup copy as described
Program Documentation: is defined as the program user manual and program installation manuals.
terms linked in this agreement, you will read the terms for that service before using the service. You
sources must be licensed separately.
purchase orders transmitted from Oracle Purchasing, during a 12 month period. You may not exceed the licensed number of
Employee: is defined as an active employee of yours. (note: The value of these applications is determined by the size of the
microsoft.com/office/backup. You may not distribute the backup copy of the software. You may use it
documentation for one year after delivery. You must notify Oracle of any program warranty deficiency within one year after
CANEX Concessionaire (principals only);
Processor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a
licensed program on a single specified computer.
application. For Project Resource Management, a person is defined as an individual who is scheduled on a project. For
another. This telephone number originally resides on a telephone switch and is moved into the responsibility of another
Online Hosting Access Policies. Oracle University's Online Hosting Access Policies are located at
I. JAPA N
may renew your order for an additional one year term at the then current Online Library rate by contacting your local Oracle
between you and the computer manufacturer or software installer that distributes the Microsoft Office
Hosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of whether the
sentence or under the Indemnification section, you must pay within 30 days all amounts which have accrued prior to the end of
you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle EMEA
then Cost of Goods Sold shall be equal to 75% of total company revenue.
where you installed the software. Microsoft uses this information to make the Internet-based features
Technical Reference Manuals (
) are Oracle
s confidential information. You shall use the TRMs solely for your
prior computer. You may not transfer the software to share licenses between computers.
GIVING UP THE RIGHT TO LITIGA TE (OR PARTICIPA TE IN AS A PARTY OR CLASS MEMBER)
another. This telephone number originally resides on a telephone switch and is moved into the responsibility of another
counted as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application
CLASS ACTION WA IVER. IF YOU LIVE IN THE UNITED STATES, THESE A FFECT YOUR RIGHTS
Special Editions of the software. The components of the software are licensed as a single unit. You may
learning credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified
Authenticity, or on the download page if you obtained the software online. If your designation is
or service that is subject to a discount or a promotion when you order the relevant product or service. The list price will be
THOUGH WE DO NOT, YOU CA NNOT RECOVER MORE THA N YOU PAID FOR THE SOFTWARE.
WARRA NTY PROCEDURES
you are granted unlimited access to initiate work requests, view work request status and view scheduled completion dates for
confidential legends or markings placed upon the TRMs. Oracle shall retain all title, copyright and other proprietary rights in
affiliate serving your country (see microsoft.com/worldwide).
COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER
P. Force Majeure
contracts and other receivables, owned or managed for others, active on the program, plus (4) Book value of non earning
the user of a licensed copy of the software, or a product that includes the software, with active
How does Internet activation work? Activation associates the use of the software with a specific
another computer or user. You may transfer the software directly to a third party only as installed on
processed through this application. This does not include communication on the same purchase order. For each application,
assets, owned or managed for others, which were previously leased and active on the program, including assets from term
L. HOME USE PROGRAM SOFTWARE
participants in the web conference external to your company and attending a web conference are not required to be licensed.
authorized by you to use the application programs which are installed on a single server or multiple servers, regardless of
posted at www.oracle.com/education under the terms specified therein. Learning credits may only be used to acquire products
Our software license is permanently assigned to the licensed computer. Please refer to the Additional
Term Designation
The following software features use Internet protocols, which send to Microsoft (or its suppliers or service
program license specifying a 1 Year Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration
Management application from any source (not manually entered by licensed Order Management Users, Professional Users
installed copy of the software is improperly licensed. In addition, you will receive reminders to obtain a
Named User Plus: is defined as an individual authorized by you to use the programs which are installed on a single server or
ORACLE DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR
remove or modify any program markings or any notice of Oracle
s proprietary rights;
Upon Oracle
s acceptance of your order, you have the limited right to use the programs and receive any services you ordered
information on geographic and export restrictions, visit go.microsoft.com/fwlink/?LinkId=141397 and
transfer, you must transfer the original media, the Certificate of Authenticity, the product key and the
into Order Management from other sources must be licensed separately.
THE FEES PAID TO ORACLE FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL
Multiple order entry line items may be entered as part of an individual customer order or quote and may also be automatically
the order and shall continue for the specified period. At the end of the specified period the program license shall terminate.
the services you have acquired);
means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
technical support services you may have ordered. If ordered, annual technical support (including first year and all subsequent
include more than one version, such as 32-bit and 64-bit, and you may use only one version at a time .
If you choose not to renew the membership, all rights to use the Premium Online Library or the Online Course shall cease.
University Online Library (
Online Library
). A Premium Online Library may be available in certain foreign languages. The
authorized by you to use the application programs which are installed on a single server or multiple servers, regardless of
party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more
separately from such program licenses, and you may acquire either services or such program licenses without acquiring the other.
gluQuadricTexture
gluQuadricNormals
glu32.dll
party, licenses to you under this agreement. Notices, if any, for the third party program are included for
go.microsoft.com/fwlink/?LinkId=261245 (Arbitration Procedure)
midiInMessage
waveOutGetDevCapsA
waveOutGetErrorTextW
midiOutSetVolume
mmioWrite
GetDriverModuleHandle
timeGetTime
DefDriverProc
mixerGetLineControlsW
PlaySoundW
mmioOpenA
joyGetDevCapsW
waveOutReset
mmioRead
waveInGetPosition
waveInGetErrorTextA
joySetThreshold
mmioSetBuffer
mciGetCreatorTask
DrvGetModuleHandle
winmm.dll
access online files in SkyDrive and enjoy the Office Roaming Service without being asked to reenter your
your proof of purchase. If you acquired and downloaded the software online, your proof of license is the
will stop running.
Technical Reference Manuals (
) are Oracle
s confidential information. You shall use the TRMs solely for your
computer or device. During activation, the software will automatically contact Microsoft or its affiliate to
support, licenses and/or this agreement. You agree that Oracle shall not be responsible for any of your costs incurred in
Statement at r.office.microsoft.com/r/rlidOOPrivacyState15HighLight?clid=1033. BY USING THESE
of the software and a separate license for each copy. Content protected by digital rights management
System: shall be defined as each distinct production database. Test, development, failover and standby databases are not
about CEIP, see microsoft.com/products/ceip/EN-US/privacypolicy.mspx.
active employee population and not the number of actual users. Therefore, all of your active employees must be included in
euros) in the total cost of inventory that a company has sold during their fiscal year. If Cost of Goods Sold is unknown to you
Widow of CF personnel receiving a benefit under the Child Family Services Act, Defence Services
licensed program on the processors where a licensed Oracle Database (Standard Edition and/or Enterprise Edition) is installed
the end of your extended subscription period. See the software activation screens or other accompanying
Professional User 2003
External: is defined as an individual, who is not your employee, contractor or outsourcer,
include more than one version, such as 32-bit and 64-bit, and you may use only one version at a time .
programs and/or any services, you will follow Oracle
s policies regarding financing which are at http://oracle.com/contracts.
the genuine proof of license for the later version of the software you upgraded or converted to.
application program for which you have also acquired non read-only licenses.
F. PROOF OF LICENSE
pages initiated remotely by the program (measured explicitly in the program as Received Data Collection Instruments) during a
entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality
A. Agreement Definitions
Retired Canadian Forces member or Department of National Defense (DND) civilian employee in
Dispute
will be given the broadest possible meaning allowable under law.
gives the Provider sole control of the defense and any settlement negotiations; and
at the same level for all licenses within that license set. You may desupport a subset of licenses in a license set only if you
(including
deemed export
deemed re-export
regulations); additional information can be found on Oracle
s Global
required and all actual users must be licensed.
Management application from any source (not manually entered by licensed Order Management Users, Professional Users
DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
ACTIVATION A ND FOR INTERNET-BASED FEA TURES OF THE SOFTWA RE. IF YOU DO NOT
SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE REPERFORMANCE OF THE
activation. If you have not entered a product key during the time permitted for activation, most
required and all actual users must be licensed.
Workshops
Limited, East Point Business Park, Fairview, Dublin 3, Ireland, Attention: Director of Legal Affairs, Legal Department.
processors on which both Oracle Database Enterprise Edition and the Customer Data Hub program are running in production
between you and the computer manufacturer or software installer that distributes the Microsoft Office
Processor basis may be accessed by your internal users (including agents and contractors) and by third party users. For the
not apply to you if you live in Japan or acquired the software while you lived in Japan.
be required to execute standard Oracle ordering materials when using learning credits to order products or services.
IRE_OLSA_V120103_Def_V122304 Page 2 of 11
to manually enter orders directly into the programs but any orders entered electronically into Order Management from other
Authenticity, or on the download page if you obtained the software online. If your designation is
properly licensed copy of the software.
4. Other Countries. If you acquired the software in another country, contact the Microsoft affiliate
READ THEM CAREFULLY.
features to upgrade or fix the software and otherwise improve our products and services. In certain
BY ACCEPTING THIS A GREEMENT OR USING THE SOFTWA RE, YOU A GREE TO ALL OF THESE
results in a purchase order, provided that an auction resulting in a purchase order shall only be counted against the Annual
posted at www.oracle.com/education under the terms specified therein. Learning credits may only be used to acquire products
update this feature. For more information, go to
O. SUPPORT A ND REFUND PROCEDURES
$M in Revenue: is defined as one million U.S. dollars (Seven hundred and seventy-two thousand four hundred euros) in all
IRE_OLSA_V120103_Def_V122304 Page 3 of 11
browser window. THE ADDITIONA L TERMS CONTA IN A BINDING ARBITRA TION CLA USE A ND
with relevant hardware and software vendors, so that they can use the information to improve how their
Computer: is defined as the computer on which the programs are installed. A Computer license allows you to use the
unless you acquire additional Order Line licenses from Oracle.
option in conjunction with EAM, you are required to maintain licenses for the equivalent number of EAM Users licensed and
Membership: is defined as an individual authorized by you to access the hosted service, regardless of whether the individual
Home Use Program User, you must be both:
How do I obtain a backup copy? You may order or download a backup copy of the software from
RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER. N. Export
materials for subscription details. After the expiration of your subscription, most features of the software
Purchase Line: is defined as the total number of purchase line items processed by the application during a 12 month period.
program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation
Terms for licenses and conditions that are specific to certain countries, Limited Rights Versions and
ATTORNEY GENERA L ACTION, OR IN A NY OTHER PROCEEDING IN WHICH EITHER PARTY
Hosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of whether the
access it in furtherance of this agreement and who are required to protect it against unauthorized disclosure. Nothing shall
If you acquire the Online Library, the term shall be one year from the effective date of your order. At the end of the term, you
Employee: is defined as an active employee of yours. (note: The value of these applications is determined by the size of the
ORACLE LICENSE AND SERVICES AGREEMENT
Can I transfer the software to another computer or user? You may not transfer the software to
technology or other full-volume disk drive encryption technology may be less secure in a virtualized
Employee User: is defined as an individual authorized by you to use the application programs which are installed on a single
were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy any proprietary or
RETA IL LIMITED WARRA NTY
services.
turn on the Office Roaming Service. Turning on the Office Roaming Service sends certain settings
The non-commercial use restrictions for Academic, University or Home and Student Edition software do
this agreement and Oracle's iLearning Subscription Policies. Oracle's iLearning Subscription Policies may be accessed at
pages initiated remotely by the program (measured explicitly in the program as Received Data Collection Instruments) during a
God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions
sends Microsoft information about your hardware and how you use this software. We do not use this
may not exceed the licensed number of Invoice Lines during any 12 month period unless you acquire additional Invoice Line
the entire agreement, including any linked terms, because all of the terms are important and together
any Microsoft materials that accompany the software. This limited warranty does not cover problems
By virtue of this agreement, the parties may have access to information that is confidential to one another (
confidential
automatically downloaded and installed on your licensed computer.
ANY FORUM WILL BE CONDUCTED SOLELY ON A N INDIVIDUAL BASIS. NEITHER YOU NOR
transfer, you must transfer the original media, the Certificate of Authenticity, the product key and the
EDI/XML transactions and/or sourced from other Oracle and non-Oracle applications. You may not exceed the licensed
means including purchase orders transmitted from Oracle Purchasing) must be licensed separately.
for, and require return of, the applicable Material and refund any fees the Recipient may have paid for it and any unused, prepaid
the expiration of any trial period without conversion, most features of the trial software will stop running.
only in that region. You must also comply with all domestic and international export laws and regulations
will be the price quoted to you by your partner; the fee for Software Updates or Product Support for the second renewal year
Employee User: is defined as an individual authorized by you to use the application programs which are installed on a single
products included on an Applications NLS Supplement CD Pack have been translated. For existing supported customers,
Oracle retains all ownership and intellectual property rights to the programs and anything developed by Oracle and delivered to
end of this agreement.
program license specifying a 1 Year Oracle Hosted Term must be hosted by Oracle.com via Computer and Administration
employee who has one or more benefit plans managed by the system or continues to be paid through the system. For Time and
gives the Provider sole control of the defense and any settlement negotiations; and
G. LIMITED RIGHTS VERSIONS
Oracle Purchasing) must be licensed separately.
clearly identified as confidential.
licenses needed is to be based on the peak number of part-time and full-time people whose records are recorded in the system.
licensed program on a single specified computer.
This agreement (together with terms accompanying any software supplements, updates, and services
authorized sources. Certain upgrades, support, and other services may be offered only to users of
READ THEM CAREFULLY.
leases, whether owned or managed for others, active on the program, plus (3) Book value of loans, notes, conditional sales
parties such as Oracle and instruct your employees and agents of these requirements for the TRMs; (c) restrict disclosure of the
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of
software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or
Partner Organization: is defined as an external third party business entity that provides value-added services in marketing
of Purchase Lines for iProcurement could be a smaller number than for Purchasing Intelligence).
language, and product key of the software, the Internet protocol address of the computer, and
whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or
Order Management User: is defined as an individual authorized by you to use the applicable licensed application programs
THE REMEDIES THAT ARE DESCRIBED IN THIS A GREEMENT. A section near the end of this
some features of the software may connect to Microsoft or service provider computer systems to send or
God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions
other Person.
To identify genuine Microsoft software, see howtotell.com.
Transaction Volume once.
software, and to otherwise prevent unlicensed use of the software, you have no right to use the
agreements or representations, written or oral, regarding such programs and/or services. If any term of this agreement is found
Oracle Application programs. For iProcurement, Purchase Lines are counted as all line items on an approved requisition
D. Ownership and Restrictions
learning credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified
act or omission of the other party; (b) was in the other party
s lawful possession prior to the disclosure and had not been
How does Internet activation work? Activation associates the use of the software with a specific
individual is actively using the programs at any given time. For the purposes of Order Management, Advanced Pricing and
to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this
under our licenses:
licenses needed is to be based on the peak number of part-time and full-time people whose records are recorded in the system.
confidential legends or markings placed upon the TRMs. Oracle shall retain all title, copyright and other proprietary rights in
a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal
were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy any proprietary or
Qualifying foreign military personnel;
preconfigured PIP includes a business document with the vocabulary and a business process with the choreography of the
Can I transfer the software to another computer or user? You may not transfer the software to
biological weapons proliferation, or development of missile technology.
1 Year Subscription: A program license specifying a 1 Year Subscription shall commence on the effec
licensed computer, but only if you comply with all the terms of this agreement. Our software license is
single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time.
Professional User
External : is defined as an individual, who is not your employee, contractor or outsourcer, authorized by
Hosted Named User: is defined as an individual authorized by you to access the hosted service, regardless of whether the
J. MILITARY APPRECIATION SOFTWA RE
entered electronically from other sources must be licensed separately.
User, Marketing User, Manufacturing User, Purchasing User, TeleSales User: is defined as an individual authorized by
the software products owned or distributed by Oracle which you have ordered, program documentation, and any program
or service that is subject to a discount or a promotion when you order the relevant product or service. The list price will be
YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMA GES FROM MICROSOFT EVEN
3. Activation Failure. During online activation, if the licensing or activation functions of the software are
What if Microsoft breaches its warranty? If Microsoft breaches its limited warranty, your only
How can I use the software? We do not sell our software or your copy of it
we only license it.
confirm the license is associated with the licensed computer. This process is called
activation.
Because
Employee: is defined as an active employee of yours. (note: The value of these applications is determined by the size of the
UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. TO THE EXTENT
annual report or the equivalent accounting or reporting document.
be required to execute standard Oracle ordering materials when using learning credits to order products or services.
available at go.microsoft.com/fwlink/?linkid=245497 to the AAA. You agree to commence arbitration only
Professional User: is defined as an individual authorized by you to use the application programs which are installed on a
individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no
to manually enter orders directly into the programs but any orders entered electronically into Order Management from other
IRE_OLSA_V120103_Def_V122304 Page 7 of 11
What if Microsoft breaches any part of this agreement? IF YOU HAVE A NY BASIS FOR
support.microsoft.com/common/international.aspx.
Implementation Services, Packaged Methods, Architecture Services, Accelerator Services, Assessment Services and
FEA TURES. Instead, you may contact the manufacturer or installer to determine its return policy and
2. Re-activation. Some changes to your computer components or the software may require re-activation
enabled the software
s online features and content, signing into Windows 8 with a Microsoft account will
agreement, are the entire agreement for the software and any such supplements, updates, and services
assets, owned or managed for others, which were previously leased and active on the program, including assets from term
Trainee: is defined as an employee, contractor, student or other person who is being recorded by the program.
Retail
then the Retail License Terms below apply to you. If OEM, then the OEM License
created in iProcurement. For Purchasing Intelligence, Purchase Lines are counted as the line items on purchase orders
your entire employee population.
the licensed computer, with the Certificate of Authenticity label and this agreement. Before the transfer,
infringement claim could have been avoided by using an unaltered current version of the Material which was provided to the
products included on an Applications NLS Supplement CD Pack have been translated. For existing supported customers,
How can I use the software? The software is licensed, not sold. Under this agreement we grant you
updates acquired through technical support. The term
services
refers to technical support, education, outsourcing, consulting
annual report or the equivalent accounting or reporting document.
$M Annual Transaction Volume: is defined as one million U.S. dollars (Seven hundred and seventy-two thousand four
whole number for purposes of license quantity requirements.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
N. Export
licensed user of the software and b) the new user agrees to the terms of this agreement. To make that
Member of the Royal Canadian Mounted Police.
shall return or destroy, all copies of the applicable TRMs.
pages initiated remotely by the program (measured explicitly in the program as Received Data Collection Instruments) during a
OTHER DA MA GES, SO THOSE LIMITA TIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF
L. Entire Agreement
microsoft.com/office/backup. You may not distribute the backup copy of the software. You may use it
that you may receive from Microsoft during that year are also covered, but only for the remainder of that
BY ACCEPTING THIS A GREEMENT OR USING THE SOFTWA RE, YOU A GREE TO ALL OF THESE
IRE_OLSA_V120103_Def_V122304 Page 4 of 11
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the
you are granted unlimited access to initiate work requests, view work request status and view scheduled completion dates for
Microsoft Software License Terms link or going to
were disclosed; (d) maintain the TRMs at all times on your premises; and (e) not to remove or destroy any proprietary or
Employee User: is defined as an individual authorized by you to use the application programs which are installed on a single
then current Premium Online Library or individual Online Course rate by contacting your local Oracle Education Sales Office.
Education Sales Office. If you choose not to renew the membership, all rights to use the Online Library shall cease.
access the programs. If multiplexing hardware or software (e.g., a TP monitor or a web server product) is used, this number
above will not be applied to such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from
of Purchase Lines for iProcurement could be a smaller number than for Purchasing Intelligence).
whole number for purposes of license quantity requirements.
www.oracle.com/education/oln/index.html, and may be updated by Oracle from time to time without notice to you. You
Learning Credits: may be used to acquire education products and services offered in the Oracle University online catalogue
1. Computer. In this agreement,
computer
means a hardware system (whether physical or virtual)
service or to pay related taxes, materials and/or expenses. Learning credits are non-transferable and non-assignable. You may
gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim.
have been paid. You should review the policies prior to entering into the ordering document for the applicable services. You
applicable to your use of the programs in excess of your license rights. If you do not pay, Oracle can end your technical
If you want to find out more about academic software, or you want to find out if you are a Qualified
ACCEPT A ND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR
the services you have acquired);
forth in the order and the program documentation. You may allow your agents and contractors to use the programs for this
in the Provider
s user documentation or if the Recipient uses a version of the Materials which has been superseded, if the
Professional User 2003: is defined as an individual authorized by you to use the application programs which are installed on
payments over time of some or all of the sums due under your order.
create software that performs the same or similar functions as any of Oracle products. You agree: (a) to exercise either at least
6. Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity
providers) computer information, such as your Internet protocol address, the type of operating system,
you to use the applicable licensed application programs which are installed on a single server or on multiple servers regardless
Fees for services listed in an ordering document are exclusive of taxes and expenses. You agree that you have not relied on
Server Enterprise Edition and this program are installed and/or running are counted for the purpose of determining the number
H. Technical Support
Full Time Equivalent (FTE) Student: is defined as any full-time student enrolled in your institution and any part-time
Trade Compliance web site which can be accessed at http://oracle.com/contracts. You agree that no data, information,
programs. You agree that such export control laws govern your use of the programs (including technical data) and any
language, and product key of the software, the Internet protocol address of the computer, and
representatives of you and of Oracle. Any notice required under this agreement shall be provided to the other party in writing.
Full time employee of Alternative Service Delivery contractors;
the licensed computer, with the Certificate of Authenticity label and this agreement. Before the transfer,
the order and shall continue for the specified period. At the end of the specified period the program license shall terminate.
disclosure. Also, we each agree to disclose confidential information only to those employees or agents who are required to
license you have.
controversy between you and Microsoft concerning the software (including its price) or this agreement,
extent that an infringement claim is based upon the combination of any Material with any products or services not provided by
an employee of an organization that has a Microsoft Volume License agreement with Software
hundred euros) in all purchase orders transacted and all auctions conducted through the Oracle Exchange Marketplace by you
Ported Number: is defined as the telephone number that end users retain as they change from one service provider to
If you want to find out more about academic software, or you want to find out if you are a Qualified
warranty, you must contact either Microsoft Ireland Operations Limited, Customer Care Centre, Atrium
Oracle Purchasing) must be licensed separately.
to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble
number of order lines during any 12 month period.
WARRANTY, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A
features of the software will stop running.
replaces the original software that you are upgrading or converting from. You do not retain any rights to
the limited warranty. Microsoft gives no other express warranties, guarantees, or conditions.
the program, then sold within the previous 12 months.
2. Customer Experience Improvement Program (CEIP). This software uses CEIP. CEIP automatically
and hardware systems to the applications programs and (c) building extensions to applications programs. You shall not
Workshop is provided subject to the statement of obligation for that particular offering and Oracle
s consulting services
intellectual property rights, the Provider will indemnify the Recipient against the claim if the Recipient does the following:
Qualifying foreign military personnel;
genuine Microsoft product key or PIN for the software that you received with your purchase, and your
employee who has one or more benefit plans managed by the system or continues to be paid through the system. For Time and
you under this agreement resulting from the services. You may make a sufficient number of copies of each program for your
include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at
services.
licensed program on a single specified computer.
Workshop is provided subject to the statement of obligation for that particular offering and Oracle
s consulting services
7. Automatic Update. Software with Click-to-Run technology may periodically check with Microsoft for
How does Internet activation work? Activation associates the use of the software with a specific
Upon Oracle
s acceptance of your order, you have the limited right to use the programs and receive any services you ordered
P. ENTIRE A GREEMENT
Processor basis may be accessed by your internal users (including agents and contractors) and by third party users. For the
U.S. $1,000 (Seven hundred and seventy-two euros) increment of your gross annual revenue as reported to the SEC in your
COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER
contract to pay for the fees due under an order and you are in default under that contract, you may not use the programs and/or
This agreement is governed by the substantive and procedural laws of Ireland without reference to its conflictof laws principles
company is defined as a user able to initiate, or host, a web conference and also participate in a web conference; all
Multiple order entry line items may be entered as part of an individual customer order or quote and may also be automatically
contracts and other receivables, owned or managed for others, active on the program, plus (4) Book value of non earning
$M Annual Transaction Volume: is defined as one million U.S. dollars (Seven hundred and seventy-two thousand four
Applications National Language Support (NLS) Supplement CD Packs: Please be advised that only a subset of the
installed for a refund or credit.
you received the software, and also any Microsoft updates, supplements, and services for the software,
University Online Library (
Online Library
). A Premium Online Library may be available in certain foreign languages. The
cooperating with the audit.
computer or device. During activation, the software will automatically contact Microsoft or its affiliate to
1. More on How Activation Works. During activation, the software will send information about the
ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before
of images in ways that could imply an endorsement or association with your product, entity or activity; or
and others during the applicable year of the Oracle Exchange Marketplace license, regardless of whether any such auction
2. Re-activation. Some changes to your computer components or the software may require re-activation
you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: Oracle EMEA
and software vendors, so that they can use the information to improve how their products run with
98052-6399; or visit microsoft.com/info/nareturns.htm.
3. Small Claims Court. You may also litigate any dispute in small claims court in your county of
ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRA NTY TERM, DESPITE
only to reinstall the software on the licensed computer.
Program Documentation: is defined as the program user manual and program installation manuals.
installed copy of the software is improperly licensed. In addition, you will receive reminders to obtain a
PROCEEDING WILL BE COMBINED WITH A NOTHER WITHOUT THE PRIOR WRITTEN
and others during the applicable year of the Oracle Exchange Marketplace license, regardless of whether any such auction
the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon termination, you shall cease using, and
claims court. You may litigate in small claims court whether or not you negotiated informally first.
WARRANTIES OF MERCHA NTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
connections, or otherwise allow multiple users or multiple computers or devices to access or use the
application program for which you have also acquired non read-only licenses.
student enrolled in your institution counts as 25% of an FTE Student. The definition of "full-time" and "part-time" is based on
$M in Managed Assets: is defined as one million U.S. dollars (Seven hundred and seventy-two thousand four hundred
is installed.
proof of purchase from an authorized electronic supplier of genuine Microsoft software. Proof of purchase
Microsoft provides limited support services for properly licensed software as described at
U.S. $1,000 (Seven hundred and seventy-two euros) increment of your gross annual revenue as reported to the SEC in your
TO THE AMOUNT THA T YOU PAID FOR THE SOFTWA RE. YOU MAY NOT RECOVER A NY OTHER
under our licenses:
counted as "n" processors. For the Healthcare Transaction Base program, only the processors on which Internet Application
document and no terms included in any such purchase order or other non-Oracle ordering document shall apply to the
materials for subscription details. After the expiration of your subscription, most features of the software
act or omission of the other party; (b) was in the other party
s lawful possession prior to the disclosure and had not been
is accessing the hosted service at any given time.
COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER
Application Read-Only User: is defined as an individual authorized by you to run only queries or reports against the
PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR
a single server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time.
Q. License Definitions and Rules
Authenticity, or on the download page if you obtained the software online. If your designation is
Case Report Form (CRF) Page: is defined as the "electronic equivalent" of what would be the total number of physical paper
representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types
may not exceed the licensed number of Invoice Lines during any 12 month period unless you acquire additional Invoice Line
4. Language Packs and Proofing Tools. If you acquire a language pack, language interface pack or
Qualifying foreign military personnel;
functionality of the programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any
simultaneously only to provide you with technical support.
Processor: shall be defined as all processors where the Oracle programs are installed and/or running. Programs licensed on a
relating to this agreement may be brought by either party more than two years after the cause of action has accrued.
(unless Microsoft provides other terms with such supplements, updates, or services). You can review this
provide reasonable assistance and access to information. You agree to pay within 30 days of written notification any fees
use of the software only through the input mechanisms of the licensed computer, such as a keyboard,
orders directly into these programs but any orders transmitted or executed electronically (via EDI, XML or other electronic
IRE_OLSA_V120103_Def_V122304 Page 7 of 11
TERM OF THE LIMITED WARRA NTY A ND ARE LIMITED AS MUCH AS YOUR LOCAL LAW
processed through this application. This does not include communication on the same purchase order. For each application,
additional CRF Page licenses from Oracle.
Module: is defined as each production database running the programs.
the TRMs. TRMs are provided to you "as-is" without any warranty of any kind. Upon termination, you shall cease using, and
out of or relating to this agreement.
disclose, use or permit the disclosure or use by others of the TRMs for any other purpose. You shall not use the TRMs to
date of the order and shall continue for a period of 1 year. At the end of the 1 year the program license shall terminate. A
design, specification, instruction, software, data, or material not furnished by the Provider. Oracle will not indemnify you to the
otherwise provided in the agreement.
TO THE AMOUNT THA T YOU PAID FOR THE SOFTWA RE. YOU MAY NOT RECOVER A NY OTHER
above will not be applied to such taxes, materials and/or expenses. Learning credits are valid for a period of 12 months from
sign into the service with your Microsoft account. For more information about the Office Roaming
Professional Users 2003 are allowed to manually enter orders directly into the programs but any orders entered electronically
include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at
God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions
3. Activation Failure. During online activation, if the licensing or activation functions of the software are
Oracle Application programs. For iProcurement, Purchase Lines are counted as all line items on an approved requisition
the future availability of any programs or updates in entering into the payment obligations in your order.
M. ADDITIONA L LICENSING REQUIREMENTS A ND/OR USE RIGHTS
iLearning Subscription: is defined as a web based learning environment that is made available to you subject to the terms of
replaces the original software that you are upgrading or converting from. You do not retain any rights to
Professional User: is defined as an individual authorized by you to use the application programs which are installed on a
month period. Multiple service order entry line items may be entered as part of an individual customer service order or quote.
3. Small Claims Court. You may also litigate any dispute in small claims court in your county of
shall return or destroy, all copies of the applicable TRMs.
then Cost of Goods Sold shall be equal to 75% of total company revenue.
your policies for student classification. If the number of FTE Students is a fraction, that number will be rounded to the nearest
Oracle. This section provides the parties
exclusive remedy for any infringement claims or damages.
EDI/XML transactions and/or sourced from other Oracle and non-Oracle applications. You may not exceed the licensed
You may temporarily download the fonts to a printer or other output device to print content, and you
unless you acquire additional Order Line licenses from Oracle.
server or multiple servers, regardless of whether or not the individual is actively using the programs at any given time. Your
Oracle retains all ownership and intellectual property rights to the programs and anything developed by Oracle and delivered to
Statement at r.office.microsoft.com/r/rlidOOPrivacyState15HighLight?clid=1033. BY USING THESE
as the licensing rules which are listed below.
whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
2013 software with the computer. This agreement describes your rights to use the Office 2013 software.
Does the software collect my personal information? If you connect your computer to the Internet,
TERM OF THE LIMITED WARRA NTY A ND ARE LIMITED AS MUCH AS YOUR LOCAL LAW
individual is actively accessing the hosted service at any given time.
TRMs to those of your employees and agents who have a "need to know" consistent with the purposes for which such TRMs
D. Ownership and Restrictions
microsoft.com/exporting.
CLASS ACTION WA IVER. IF YOU LIVE IN THE UNITED STATES, THESE A FFECT YOUR RIGHTS
To fully understand your license grant, you need to review the definition for the licensing metric and term designation as well
Suite: is defined as all the functional software components described in the product documentation.
right to use or transfer the programs and/or any services deliverables, and if you decide to finance your acquisition of the
UNINTERRUPTED OR THAT ORACLE WILL CORRECT ALL PROGRAM ERRORS. TO THE EXTENT
of the software.
Oracle University Online Service: the Oracle University Online Service is a web based learning environment comprised of
one or more virtual computers on a single computer hardware system, each virtual computer, and the
Service Order Line licenses from Oracle.
program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation
God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions
98052-6399; or visit microsoft.com/info/nareturns.htm.
enabled the software
s online features and content, signing into Windows 8 with a Microsoft account will
make the programs or materials resulting from the services available in any manner to any third party for use in the third
individual or entity. If you grant a security interest in the programs and/or any services deliverables, the secured party has no
F. Trial Programs
TO RESOLVE A DISPUTE WITH THE MA NUFA CTURER OR INSTALLER, OR WITH MICROSOFT,
company is defined as a user able to initiate, or host, a web conference and also participate in a web conference; all
accessible on Office.com or on other websites through features of the software, are governed by the
DEFICIENT SERVICES, OR IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A
required and all actual users must be licensed.
may renew your order for an additional one year term at the then current Online Library rate by contacting your local Oracle
MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR
at any given time. Order Management Users are allowed to manually enter orders directly into the programs but any orders
6399. A form is available at go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any
telephone switch.
of whether the individual is actively using the programs at any given time. If you license the Self Service Work Request
method for additional learning credits, and may not use different learning credits accounts to acquire a single product or
not apply to you if you live in Japan or acquired the software while you lived in Japan.
2. Re-activation. Some changes to your computer components or the software may require re-activation
and hardware systems to the applications programs and (c) building extensions to applications programs. You shall not
Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some
(including
deemed export
deemed re-export
regulations); additional information can be found on Oracle
s Global
that apply to the software, which include restrictions on destinations, end users, and end use. For further
If someone makes a claim against either you or Oracle (
Recipient
), that any information, design, specification, instruction,
Term Designation
unless you acquire additional Order Line licenses from Oracle.
activation is meant to identify unauthorized changes to the licensing or activation functions of the
a computer.
by different names such as reseller, distributor, agent, dealer or broker.
materially reduce the level of services provided for supported programs during the period for which fees for technical support
by you to use the application programs which are installed on a single server or multiple servers, regardless of whether or not
ARBITRA TION CLA USE A ND CLASS ACTION WA IVER. IF YOU LIVE IN THE UNITED STATES,
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